Industries & Practices

Employment & Labor

Back

DOL announces withdrawal of Trump administration independent contractor rule

Wednesday, May 5, 2021

On May 5, 2021, the Department of Labor (DOL) confirmed it is withdrawing the rule promulgated under the Trump administration addressing how to determine whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA). The rule was previously slated to take effect March 8, 2021, but was delayed by the DOL after President Biden took office until May 7, 2021. Now, the withdrawal of the rule will be effective immediately upon publication in the Federal Register, or May 6, 2021.

In withdrawing the rule, the DOL stated that it believes the rule was inconsistent with the FLSA’s text and purpose and would have a disruptive effect due to a departure from judicial precedent. The DOL has not yet indicated whether it intends to further pursue standardizing the test for determining independent contractor status under the FLSA. For now, employers should continue complying with state and local laws regarding independent contractor classifications in the jurisdictions in which they have workers.

This is for informational purposes only. It is not intended to be legal advice and does not create or imply an attorney-client relationship.

Download PDF

Related Insights

The New Year rings in new pregnancy rights for employees: What employers need to know

No Chevron Deference in Ohio

Have you posted your new EEOC poster?

Ohio Supreme Court confirms Wuerth application to medical claims

PERRP: are your employees safe?

Ohio Supreme Court strikes down law prohibiting picketing of officials’ homes as unconstitutional

Independent contractor or employee? Be sure you know from the start.

Managing workers’ compensation claim costs: Newton’s First Law of Motion and the light duty offer

Hiring workers under age 18 for the summer?

U.S. Supreme Court decision has important implications for employers seeking to enforce arbitration agreements

Gender check-the-box options are expanded on federal forms

Hearing representative or attorney: Which should I choose?

Congress passes bipartisan Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

Snowmageddon! How to avoid workers’ compensation claims from weather-related slips and falls

Do FMLA and workers’ compensation benefits run concurrently?

U.S. Supreme Court halts OSHA vaccine-or-test rule; Upholds CMS vaccine mandate

Workers’ comp premiums being slashed for public employers in Ohio

Legal updates on challenges to CMS vaccination mandate may cause more uncertainty

Hold the press! Federal court issues national injunction blocking CMS vaccine mandate for health care workers

Bah humbug! Don’t invite injuries to your holiday party

OSHA stays implementation of vaccine mandate, pending Sixth Circuit review of the legal challenges

OSHA’s vaccine or test mandate is stayed

Are remote injuries compensable under Ohio workers’ compensation laws?

Long-awaited federal vaccine mandates are here!

More checks are in the mail from the Ohio BWC

More federal courts dismiss legal challenges to hospital vaccine mandates

Ohio minimum wage to increase, effective January 1, 2022

Reducing workers’ compensation and OSHA liability during COVID-19 and beyond

What is a VSSR?

Ohio BWC cuts rates … again

FDA full approval of Pfizer vaccine should reduce risk of employer mandates

OSHA issues updated guidance on mitigating and preventing the spread of COVID-19 in the workplace

U.S. District Court dismisses challenge to hospital’s employee vaccine mandate

EEOC updates and expands COVID-19 guidance regarding vaccination of employees

OSHA’s new COVID-19 Emergency Temporary Standard for the health care industry

Enrolled vaccine providers may now vaccinate employees and partner with employers to provide vaccines

Employer mandated COVID-19 vaccination of employees generally permitted by EEOC

OSHA obligations for hospitals with COVID-19 positive employees

Long-proposed streamlining of Ohio employment discrimination law to take effect in April 2021

DOL concludes FLSA ministerial exception can apply to religious daycare and preschool teachers, depending on their duties

Big win for Ohio employers: PTSD benefits for first responders

DOL finalizes rule adopting new test to assess independent contractor status

Second COVID-19 stimulus does not extend FFCRA’s paid leave requirements; Tax credits extend through March 31

EEOC issues guidance on employer-mandated COVID-19 vaccine programs

Shorter quarantine options available for employees exposed to COVID-19

Hospital COVID-19 visitor restrictions must still comply with the ADA

Ohio BWC Administrator stepping down

Ohio BWC Board of Directors to vote on $5 billion dividend for employers

Ohio minimum wage to increase January 1, 2021

Executive Order seeking to regulate “divisive” and “un-American” diversity training raises questions for federal contractors and grant recipients

BWC to provide $1.5B for Ohio employers

Department of Labor proposes rule adopting “economic reality” test to assess independent contractor status

EEOC elaborates on ADA compliance: COVID-19 and the return to work effort

Ohio Supreme Court holds that "direct observation" of drug testing is not an invasion of privacy

What you need to know about the new workers’ compensation law changes in H.B 81

U.S. Department of Labor issues revised FFCRA rules in response to New York District Court decision

Ohio Governor DeWine recommends $1.5 billion payment to employers

Expansion of Medicare telehealth services and ACA short-term health plans may be here to stay

More uncertainty ahead for employers after New York District Court strikes down parts of FFCRA regulations

DOL says workers may remain eligible for expanded unemployment benefits after refusing work due to COVID-19 safety concerns

Have you done your ACA affordability cost-share homework for the 2021 health plan year?

Bostock v. Clayton County, Georgia: A turning point for LGBTQ+ employees and other federal employment discrimination principles

U.S. Supreme Court expands “ministerial exception” for religious organizations

Religious exemption carries in U.S. Supreme Court decision on preventive reproductive care

COVID-19 Update: New EEOC guidance states that ADA prohibits employers from requiring coronavirus antibody tests

Governor DeWine approves numerous changes to Ohio workers’ compensation

U.S. Supreme Court rules LGBTQ+ employees are protected from employment discrimination under Title VII

Governor DeWine and Ohio BWC to further defer employer premiums

Need face coverings for your workers? Two million face coverings are headed to Ohio employers

Is OSHA knocking at your door more often? Here’s why.

COVID-19 relief for health plans and participants: Employers and employees get mid-year break on cafeteria plan changes and COBRA deadlines

EEOC extends deadline to file 2019 EEO-1 report

EEOC provides COVID-19 return to work guidance for high risk workers as Ohio governor urges they stay home

Got masks? Ohio Manufacturing Alliance knows where to get them!

ODJFS provides online form to report employees who quit or refuse to return to work because of COVID-19

Reopening business amidst COVID-19: No one-size-fits-all approach for managing employment law risks

COVID-19 Update: EEOC approves testing employees for coronavirus before returning to work

What all employers are asking about health and retirement benefits during COVID-19

COVID-19 and unemployment insurance: How to manage employees who decline to return to work

COVID-19 and ERISA disability claims

NLRB changes union election procedures

Ohio BWC to send $1.6 billion in dividend payments to employers

Student loans and wage garnishments under the CARES Act

DOL issues temporary regulations implementing the FFCRA

Changes to workers’ compensation statute of limitations due to COVID-19

Ohio BWC waives employer program requirements

DOL issues a Families First Coronavirus Response Act poster

President signs stimulus act providing additional aid to unemployed

Ohio BWC defers employers’ premium payments

COVID-19 Update: President signs Families First Coronavirus Response Act

How OSHA and the BWC recommend employers manage COVID-19 and the need for personal protective equipment in the workplace

Workers’ compensation implications of COVID-19 for employers

COVID-19 Update: Governor DeWine asks all employers to take employees’ temperatures every day

COVID-19: OSHA issues employer guidance

Industrial Commission hearings during the COVID-19 pandemic

Ohio offers employers relief for COVID-19 related work disruptions

COVID-19 developments in employee medical insurance

COVID-19 and spring break travel: Maintaining a healthy workplace

NLRB issues new final rule on joint employer status

EEOC accuses Yale hospital of violating ADEA and ADA by blanket medical testing physicians over 70

Ohio BWC receives approval for additional $30 million in safety grants

Coronavirus and influenza: Key issues for employers

BWC proposes 13 percent rate cut in premiums for private employers

Wage and hour issues that frequently arise in the health care setting

Ohio Supreme Court to consider whether direct observation method of employee drug-testing is an invasion of privacy

“Are you my employer?” Department of Labor clarifies joint employer status with new final rule

OSHA Form 300A reporting deadline approaching

Application deadline for BWC group-rating programs is fast approaching

“We’ll see you in court:” State expands lawsuit against pharmacy benefit manager in BWC contract dispute over generic drug prices

NLRB restores employers’ right to control email, IT systems

NLRB upholds employers’ right to require employee confidentiality regarding ongoing workplace investigations

ACA update: Form 1095-C deadline extended and other relief

Tips for employers to avoid holiday party headaches

Have you done your ACA affordability cost-share homework for the 2020 health plan year?

Sixth Circuit clarifies how to establish a “regarded as” ADA claim and revives former employee’s suit with “smoking gun” email

401(k) and 403(b) plans must be updated January 1, 2020

NLRB rules employer can remove labor organizers from its parking lot

NLRB holds that simply misclassifying workers doesn’t violate NLRA

Changes in store for tipped employees: DOL proposes host of new tip regulations

Sixth Circuit says employers can’t shorten time for filing Title VII claims

Ohio minimum wage to increase January 1, 2020

DOL finalizes new overtime rule for white-collar exemptions: 1.3 million additional workers will be eligible for overtime pay starting January 1

BWC saves public employers $17.8 million

Ohio legalization of hemp, CBD oil may mean relief for some but more headaches for employers

NLRB makes it easier for employers to anticipatorily withdraw recognition

Toledo bans salary history questions from employers

BWC to end coverage of OxyContin

U.S. Supreme Court limits employer defense to federal discrimination claims

Parental leave that is not gender-neutral can get expensive

IRS announces 2020 HSA limits

House passes SECURE retirement bill with overwhelming bipartisan support

IRS expands Self-Correction Program

EEOC proposes September 30 deadline for pay data reporting

DOL proposes four-factor test to determine joint employment status

DOL proposes new rule clarifying regular rate requirements under the FLSA

DOL publishes new overtime rule for “white collar” exemption: More than one million more workers may become eligible for overtime

DOL issues opinion letter regarding employers’ designation of FMLA leave

Federal judge reinstates collection of gender and race pay data on EEO-1 forms

Companies using independent contractors score big following NLRB ruling

EEOC and OCRC complaints of discrimination and harassment increased significantly in 2018

Not conducting exit interviews on your departing employees? You should be!

Using social media to detect workers’ compensation fraud

Pregnant employees’ failure to accommodate claims lead to $3.5 million settlement

EEOC takes final step to rescind wellness program incentive

New guidance: Calculation of non-deductible parking expenses and deemed unrelated business income

Ohio BWC offers up to $40,000 in grants to schools

Sixth Circuit extends pension liability to asset purchaser’s family trust

BWC’s Opioid Workplace Safety Pilot Program has begun in Montgomery County

Ohio minimum wage to increase January 1, 2019

EEOC data shows spike in sexual harassment claims since #MeToo movement

BWC rebate checks made to Ohio employers set to expire this October

Updated IRS rollover distribution notices

BWC launching $5 million opioid assistance program

New guidance on the Tax Cuts and Job Act’s unrelated business taxable income changes

Medical marijuana is here (sort of). Is your company ready?

BWC subrogation: Motor vehicle accidents

403(b) plans: Some basics, then time for action!

Janus v. AFSCME: United States Supreme Court declares “fair share fee” unconstitutional

Public employers could see workers’ compensation premium rate decrease

BWC true-up reports due August 15

BWC gives $8 million to Ohio public schools and law enforcement agencies

In a blow to public unions, SCOTUS holds that public employees cannot be required to pay union fees

Association Health Plans: Another tool for small employers to manage health care costs and increase employee access to affordable plans

BWC offers 50 percent premium rebate

Supreme Court says employees can waive their right to file class actions

IRS readjusts HSA contribution limit and announces 2019 limits

Federal court expands use of volunteers under wage and hour law

BWC proposes largest refund in 20 years

Injured workers must inform BWC of third-party settlements

President Trump nominates BWC administrator, Ohio Common Pleas Court judge for federal judicial roles

The alarming cost of opiates in the workplace and what you can do about it

What is a VSSR? Is your company prepared for it?

Equal treatment for dads: EEOC settles first of its kind parental leave case

Important updates from the IRS for exempt organizations

Transgender and transitioning employees protected from discrimination in Ohio

BWC approves the proposed rate cuts for private employers!

No tax deduction for sexual harassment payments subject to NDAs

Protecting the conscience and religious beliefs of health care workers

BWC approves rate decrease for certain public employers

BWC may lower rates: Employers save up to $163.5 million!

Ohio BWC’s new rule for low back fusion surgery

#MeToo: Addressing allegations of sexual harassment in the workplace and shaping company culture

Could this be you? Don’t invite injuries to your holiday party

ACA employer mandate penalty letters are on the way

DOL announces plans for new overtime rulemaking

Trick-or-Treat safety!

BWC reports that $10 Million in rebates haven’t been cashed

Using recordings as part of your meeting minutes

The Department of Justice reverses its position on transgender discrimination

Minimum wage in Ohio to increase January 1, 2018

BWC: Big win for Ohio employers in the Supreme Court!

BWC changes statute of limitations for filing claims…and MORE!

Employers awarded $375,000 from BWC safety grants

After Charlottesville: Creating inclusive environments and avoiding employment claims

Could this be you? "Workplace" injuries filed after a holiday weekend

Love dogs? Don’t forget about employees’ safety!

The BWC wants to give your company $6,000!

State-fund employers: True-up by August 15!

Website accessibility: Does your company's website violate the ADA?

How much obscenity is too much for an employer to bear?

FMLA can cause big headaches and other pains

BWC: Employers to save up to $40.2 million in workers’ compensation premiums

An onerous task: Administration of family and medical leave

Governor Kasich passes firefighter cancer bill

21st Century Cures Act: Relief for small employers

Governor Kasich signs bill expanding Ohio’s concealed carry laws

When will the new salary level rule go into effect?

Ohio governor considering bring your gun to work bill

Ohio Supreme Court closes loophole barring concurrent payments to injured workers

Notice 2016-70: Unexpected (but limited) ACA reporting relief

New overtime regulations halted by eleventh-hour federal court decision

Election results are in: What should employers expect next?

Little-known provision in military leave law can spell trouble for unwary employers

The effect of the Windfall Elimination Provision on district employees

The pot-ential impact of medical marijuana on your workplace

IRS guidance on health plan cash opt-out arrangements

IRS proposes long-awaited IRC Section 457 regulations

IRS releases proposed IRC Section 409A regulations

IRS audits: 1099s and retirement plans

New overtime rules for "White Collar" employees could affect nonlicensed supervisors

Is the grass really greener?

EEOC regulations: ADA and GINA rules for employer-sponsored wellness plans

Amending your employment agreements in light of DTSA requirements

United States House of Representatives v. Burwell: An uncertain future for cost-sharing subsidies

New DOL reporting requirement challenges employers’ efforts to remain union-free

Outside salespeople are still exempt from minimum wage under Ohio law

Are you a joint employer?

New law will "ban the box" for public employers

H.B. 56 would prohibit criminal history disclosure on public employment applications

The Top 10: Employment law year in review

Could this be you? The NOT so independent contractor

Marijuana legalization: How Ohio employers should prepare

DOL set to begin enforcing home care workers overtime rule

New workers' comp law provides relief for Ohio nonprofit organizations

NLRB broadens “joint employer” standard

Could this be you? Your employee handbook is on the NLRB’s radar

Department of Labor issues guidance on the misclassification of independent contractors

Employer implications arising from the Supreme Court’s decision in Obergefell v. Hodges

DOL issues proposed rule seeking to expand overtime protections to "white collar" workers

Could this be you? Current and compliant FMLA certification forms

Health law subsidies upheld by the U.S. Supreme Court

OSHA issues guidance on transgender workers

EEOC v. Abercrombie & Fitch: Adverse employment action based on suspicion of a need for a religious accommodation may violate Title VII

11,000 private employers could miss out on $1.2 billion Ohio BWC premium credit

Could this be you? Hiring summer interns without violating the Fair Labor Standards Act

BWC’s move to prospective billing: important dates

The EEOC issues proposed rules on wellness plans

Could this be you? Hosting employer-sponsored recreational events without inviting workers’ compensation claims

Could this be you? Preparing for and surviving a wage hour investigation

FMLA’s definition of “spouse” updated to include those in legal, same-sex marriages

NLRB continues its aggressive posture

Could this be you? Business expansion and your BWC experience rating

Could this be you? Employers liable when office holiday parties get out of control

OSHA's final rule on recordkeeping and reporting effective January 1

Could this be you? Employees injured while on the road

Employer guidelines for election day activity

Ohio BWC appeals $860 million premium overcharge verdict to Supreme Court

U.S. Supreme Court issues ruling on NLRB recess appointments

DOL proposes rule to expand FMLA coverage to same-sex marriages

IRS issues final regulations on employer shared responsibility

Could this be you? How transitional work programs and light-duty offers can save your business time and money

President to “modernize” overtime protections under the FLSA

Could this be you? Blanket policies requiring medical certification for intermittent leave may violate the FMLA

Could this be you? Avoiding workers’ compensation claims from weather-related slips and falls

Public employers: New annual report due to OPERS by January 31, 2014

Could This Be You? Administering FMLA Leave Request after Section 3 of DOMA Declared Unconstitutional

IRS modifies the “use-it-or-lose-it” rule for health flexible spending arrangements

Ohio Minimum Wage Increases by $.10, Effective January 1, 2014

ACA Update - Delay in Implementation Does Not Mean Employers Can Delay Preparation

Department of Labor Issues Guidance on Definitions of “Spouse” and “Marriage” Following DOMA Decision

Could this be you? Confession is good for the bottom line

How to Power Up Your Non-Compete Agreements

Could This Be You? Employee Injuries from Safety Violations Can Mean High Payments for the Employer

Employers To Be Penalized for Improperly Responding to Unemployment Compensation Information Requests

New Law May Help Ohio Employers Avoid Layoffs

A Cell Phone, a Dead Woman, and a Fired Employee

Could This Be You? Stop Paying Double if You Have EPLI

Treasury Department Extends Enforcement of Employer Shared Responsibility Provisions for One Year

U.S. Supreme Court Issues Decisions that Favor Employers

Could This Be You? When Employees Fail to Return Company Property, Deducting the Costs From Paychecks May Seem Like a Good Idea, but is it Lawful?

Court Strikes Down NLRB Posting Requirement

Confidentiality of Internal Investigations Revisited

Could This Be You? Employer Unaware of Ohio's New Criminal Background Check Rules

Could This Be You? A Tale of Two Employers and the Affordable Care Act

New I-9 Form for Employers

Health Care Providers Take Note: Your Contract With An HMO May Require Affirmative Action Compliance, Even If It Doesn’t Say So

Can You Inadvertently Cancel a Non-Competition Agreement?

Judge Rules that Ohio BWC Owes Employers $860 Million

New FMLA Rules, Posting and Model Forms: Effective Today, 3/8/2013

Could This Be You? When Helping Hurts: Did You Just Disqualify Your Retirement Plan?

Ohio Ethics Commission Releases Guidance on Revolving Door Laws and Financial Disclosure Obligations

IRS Issues Proposed Regulations Applicable to Employer Shared Responsibility Regarding Health Coverage

Health Care Reform: IRS Ready to Adopt "School Year" Rule for Defining "30-Hour" Employees

Could This Be You? Unintended Consequences of Bonus Payments

Ohio Minimum Wage Increases by 15 Cents, Effective January 1, 2013

Employers: Time to Update Your Fair Credit Reporting Act Notice

Ohio Supreme Court Ruling Makes it Harder for Workers to Prove an Intentional Tort

Could This Be You? Avoiding a Lawsuit When Replacing Long-Term Injured Workers

The Ohio Supreme Court Provides Additional Guidance Regarding Employment Services and the Exclusion for Employees That Are Permanently Assigned to a Consumer

Ohio Supreme Court Delays Start of 90-Day Notice Period For Some Employees Claiming Workers’ Compensation Retaliatory Discharge

Could This Be You? From FMLA to Light Duty to Dilemma

Could This Be You? An Employee Questions His “Exempt” Status and Demands Overtime Pay. What Should You Do?

July 1 Deadline for Retirement Plan Compliance Has Passed — What Happens Now?

Enforcement of Non-Competes After a Merger: Ohio Supreme Court Takes a Restrictive View

EEOC Ruling: Title VII Prohibits Discrimination Based on Transgender Status

NLRB Election Rule Changes “Temporarily Suspended” Following Court Decision

The Water Cooler: A Human Resources Advisory -- Spring 2012

Could This Be You? The Hidden Dangers in Severance and Employment Agreements

New EEOC Guidance on Employers' Use of Criminal Records

Could This Be You? Does Your Timekeeping System Automatically Deduct Time for Meal Periods?

New Employee Notification Requirements for Public Employers: Effective May 4, 2012

Could This Be You? Employers Unaware of TPA’s Limitations at Workers’ Compensation Hearings

EEOC’s Attempt to Maintain Sexual Harassment Class Action Thwarted: After Five Years of Litigation and $4.5 Million in Legal Fees for the Employer

Supreme Court Says Church Not Liable Under Employment Discrimination Law for Firing Minister

Could This Be You? A Quirky - But Not Uncommon - FMLA Issue

The Water Cooler: A Human Resources Advisory

An Overview of the FLSA "Collective Action"

Could This Be You? Handling Benefit Coverage Issues For Non-FMLA Absences

IRS Clarifies Tax Treatment of Cell Phones Provided to Employees

Are All Employee Facebook Posts Protected Concerted Activity?

Electors Entitled to Reasonable Amount of Time to Vote

Employee Political Activity and the National Labor Relations Act

Could This Be You? Disciplining an Employee for a Facebook Post that Criticizes a Company Policy

Sixth Circuit Rejects Associational ADA Discrimination Claim

U.S. Supreme Court Tightens the Reins on Class Action Certification

Employee Who Was Fired For Failing To Obtain A Required Professional License Cannot Get Unemployment Benefits

Two More NLRB Complaints Question Terminations for Facebook Postings

Injured Workers Protected From Retaliatory Action Prior to Filing A Workers’ Compensation Claim

The New Smartphone App: Are Your FLSA Time Records In Order?

New Regulations Help Explain the New Americans with Disabilities Act Amendments Act

Pointers for Employing Teen Workers

Required Notices for Group Health Plans: A Checklist

See All

Columbus

Cleveland

Cincinnati

Dayton

Marietta

Barnesville

Lebanon